Vermont

Republican Gov. Phil Scott has signed legislation (H. 511) into law legalizing the use and cultivation of marijuana by adults. Vermont is the ninth state to statutorily permit adults to possess marijuana for personal use, and it is the first state to enact these reforms via legislative action rather than by the passage of a voter-initiated ballot measure.

“The majority of Vermonters, like the majority of the American public, desire to live in a community where responsible adults who choose to consume cannabis are no longer criminalized or stigmatized,” said NORML Deputy Director Paul Armentano. “Governor Scott should be recognized for helping to provide Vermonters with a path forward at a time when many elected officials elsewhere are clinging to the failed policies of the past.”

The forthcoming law, which takes effect on July 1 of this year, eliminates civil penalties specific to the possession of up to one ounce of cannabis, and also removes criminal penalties with regard to the private cultivation of six marijuana plants (two mature and up to four immature). Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest.

The measure also imposes new civil penalties for consuming cannabis while driving, and imposes additional penalties for those who operate a motor vehicle impaired with a minor in the vehicle.

The Governor vetoed similar legislation in 2017, but had consistently indicated since then that he was willing to reconsider his position.

Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia have also legalized marijuana use by adults.

Republican Gov. Phil Scott publicly announced at a news conference that he intends to sign legislation into law legalizing the use and cultivation of personal use quantities of marijuana by adults. The Governor vetoed similar legislation last year.

House Bill 511 eliminates existing civil penalties specific to the possession of up to one ounce of cannabis, and also removes criminal penalties with regard to the private cultivation of six marijuana plants (two mature and up to four immature). Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest.

The measure also imposes new civil penalties for consuming cannabis while driving, and imposes additional penalties for those who operate a motor vehicle impaired with a minor in the vehicle.

“We’ll take a look at it to make sure it’s technically correct, and then I’ll sign the bill,” Scott said during a Statehouse press conference yesterday. “This is a libertarian approach. I’ve said I’m not philosophically opposed to it. I know there are diverse opinions … as to whether we should move forward, but I still firmly believe that what you do in your own home should be your business, as long as it doesn’t affect someone else.”

Vermont will be the first state to legislatively act to eliminate both criminal and civil penalties for personal marijuana possession and growing.

Today, the Vermont state Senate approved a measure that would legalize the possession and limited home cultivation of marijuana. Under this legislation, H. 511, individuals 21 years of age or older would be able to possess up to one ounce of marijuana and cultivate a limited amount for personal use.

“While prohibitionists like Attorney General Jeff Sessions desperately try to force our country to return to the dark ages, his flailing seems to be for naught, as Vermont is now positioned to be the first state to legalize marijuana possession by legislative action,” said NORML Executive Director Erik Altieri, “The American people have made their position clear, it is time to move away from the failed policies of the past and to move in the sensible direction of legalization. Vermont will likely be the first state to take such an action this year, it is unlikely to be the last with New Jersey, Delaware, New Hampshire, Connecticut and others likely to give legalization legislation serious consideration during the 2018 legislative session.”

H. 511 was approved by the state’s lower chamber last week in a 81-63 vote. Now that it has passed the state Senate, the bill will be sent to Governor Phil Smith for his signature. Despite vetoing a similar effort last year, Governor Scott has stated he would likely sign this renewed effort.

Passage of legalization in Vermont in 2018 would be a legislative first. To date, all eight states that have enacted legalization of the adult use of marijuana, as well as the District of Columbia have done so by a direct vote of the people.

One in five Americans reside in a jurisdiction where the adult use of cannabis is legal under state statute, and the majority of citizens reside someplace where the medical use of cannabis is legally authorized. As is evidenced by Vermont lawmakers’ actions, it is clear that the Trump administration is not going to be able to cease this momentum in favor of the enactment of rational marijuana policies.

“For the second time in two years, Vermont lawmakers have rejected the failed Flat Earth policies of marijuana prohibition,” NORML’s Deputy Director Paul Armentano said,”The majority of Vermonters, like the majority of the American public, desire to live in a community where responsible adults who choose to consume cannabis are no longer criminalized or stigmatized. Governor Scott would be wise to provide Vermonters with this path forward, rather than cling to the failed policies of the past.”

UPDATE 01/09/18 1:30 PM Eastern: New Hampshire House Leadership, instead of sending the approved bill directly to the state Senate, has referred the legislation back to the House Ways and Means Committee. Now, either the committee declines to take action and sends the bill to the state Senate or holds hearings on the bill before sending it back to the House floor for another full vote.

This morning, in a direct rebuke to the bluster coming from US Attorney General Jeff Sessions, the New Hampshire House of Representatives voted 207 to 139 in favor of a measure that would legalize the possession of up to 3/4 of an ounce of marijuana and the cultivation of 3 mature plants for adults 21 years of age or over. This legislation is similar to a measure passed by members of the House of Representatives in neighboring Vermont last week. Both measures now await action by their respective state Senates, with a vote in Vermont expected for later today.

A broader legalization bill, which included commercial cultivation and retail sales, was voted down in a New Hampshire House committee last November. Today, state Representatives voted to overturn that initial vote and amended that legislation to only include the legalization of personal possession and cultivation. Currently, there is a standing legislative study committee in the state that is researching and reviewing the potential of legalized commercial marijuana in New Hampshire and is expected to give recommendations later this year.

“Despite the best attempts by Attorney General Jeff Sessions and the Department of Justice to intimidate state governments, the recent votes in Vermont and New Hampshire demonstrate that legislators are ignoring this bluster and are standing up for the will of the people,” said NORML Executive Director Erik Altieri, “An overwhelming majority of Americans want to see marijuana legalized and their elected officials are smartly siding with this broad public opinion and sensible policy direction over the Reefer Madness being spouted by Attorney General Sessions.”

NORML will keep you updated as these and other legislative reform efforts advance.

Members of the Vermont House of Representatives decided late last night to block a marijuana depenalization measure, H. 511, from further consideration this legislative session.

The vote came after Senate members approved the bill, which eliminated civil and criminal penalties for the private possession and cultivation of small quantities of marijuana. Republican Gov. Phil Scott – who had vetoed an earlier version of the bill in May – had also recently expressed his support for the revised legislation.

Further action on the bill during this week’s special veto session required the votes of three-quarters of the House. But only a majority voted to take action on the bill, with almost all Republican House members voting ‘no.’

If enacted, the bill would have permitted adults to legally possess up to one ounce of cannabis and to grow up two mature plants at home.